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(영문) 서울고등법원 2015.04.03 2014나39222

구상금

Text

1. The defendants' appeal and the plaintiff's incidental appeal are all dismissed.

2. Costs by an appeal and incidental appeal.

Reasons

1. Basic facts

A. The parties’ relationship 1) Joint Defendant Korea Examination Co-Defendant in the first instance trial (hereinafter “Korea Examination”)

(2) On September 2012, 2012, the Plaintiff entered into a contract for the use of equipment for mid-term collaborative companies (hereinafter “instant equipment use contract”) with Defendant Shin Young-gu Co., Ltd. (hereinafter “Defendant Shin Young-chul”) on September 20, 2012.

Defendant B, as the driver of the vehicle affiliated with the Defendant Newcomer, performed transportation work for the shipment of pipes for export of the Plaintiff according to the above equipment use contract.

23 Defendant Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant Samsung Fire”) is an insurer who entered into a construction machinery insurance contract with Defendant Samsung Fire and Marine Insurance Co., Ltd. (hereinafter “Defendant Samsung Fire”) on October 5, 201 with regard to the instant forking vehicles owned by Defendant Samsung (hereinafter “instant forking vehicles”) from October 5, 201 to October 5, 2012.

B. (1) In the instant accident, around 20:40 on September 15, 2012, Defendant B used the instant car at the site of the Plaintiff’s Incheon branch office located in Seo-gu Incheon, Seo-gu, Incheon, for the purpose of export (12m in length, 1.2m in weight, hereinafter “Pipe”).

(1) The work of transporting a vessel at anchor to a main vessel at anchor in a harbor (hereinafter referred to as “instant work”).

B, the work was carried out in the following ways:

At the time, at the night, the pipes are stored on the wooden source 10 parts each, in a dudrid form, and the pipes are tighted for every five pipes so that the pipes do not collapse any longer.

Defendant B, first of all, has a pipe in the brud type, and the pipe 10s, if all, have to be accumulated on the floor of this case.